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Contracts

Columbia Law School

Series

Private contract

Publication Year

Articles 1 - 3 of 3

Full-Text Articles in Law

Obsolescence: The Intractable Production Problem In Contract Law, Alan Schwartz, Robert E. Scott Jan 2021

Obsolescence: The Intractable Production Problem In Contract Law, Alan Schwartz, Robert E. Scott

Faculty Scholarship

Contract law has long suffered from an institutional problem: Which legal institution can best create an efficient law for commercial contracts that can overcome "obsolescence” – the persistence of rules that only solve yesterday’s contracting problems? Until the early 20th century, contract law was largely created by common law courts. The law's default rules were efficient when created and courts updated them as commerce changed. But there were few rules and the common law process is slow. In response, the 20th century saw public and private lawmaking bodies enact commercial statutes in discrete legal areas such as secured credit, commercial …


A Pluralist Approach To Interpretation: Wills And Contracts, Kent Greenawalt Jan 2005

A Pluralist Approach To Interpretation: Wills And Contracts, Kent Greenawalt

Faculty Scholarship

This account of legal interpretation focuses mainly on wills and contracts. It adopts a pluralist approach, one that treats a number of factors as potentially relevant and does not assume that all relevant factors necessarily reduce to one overarching inquiry that is the same whatever legal text is being interpreted.


Clarifying The Record: A Comment, Victor P. Goldberg Jan 1988

Clarifying The Record: A Comment, Victor P. Goldberg

Faculty Scholarship

In their recent article in this journal, Boudreaux and Ekelund [1987] ha presented a distorted characterization of some of my work on the economics o regulation. The editor of this journal has graciously offered me the opportunity to respond to their criticisms and to redress some ambiguities, real or imagine in my earlier work.